New Rules Around Ending a Tenancy
Take a look at the changes around ending a tenancy in Queensland according to the Residential Tenancies Authority (RTA).
A Landlord or Property Manager can no longer end a tenancy ‘without grounds’ and must provide the tenant/resident with a valid reason for ending a tenancy.
A tenant can still end a tenancy without grounds. Alternatively, parties can also mutually agree in writing to end a tenancy agreement early or without grounds. This agreement should be recorded in writing.
Under the new legislation, a Landlord/Property Manager must provide grounds for ending a tenancy. Grounds for ending a tenancy include the ending of a fixed term agreement; preparing a property for sale; or if the owner or a close relative is moving back into the property.
A full list of grounds the property manager/owner can use to end a tenancy can be found on the RTA website.
If the tenant is on a fixed term agreement, some grounds can be used to end the agreement early, while others can only be used at the end of the tenancy.
The tenant can end a tenancy without grounds at the end of a fixed term tenancy agreement or during a periodic agreement, providing the correct notice is given.
Tenants may also be able to end a fixed term agreement early, if they have grounds under the Act, and must provide the correct notice period to end a tenancy.
Under the new legislation, all previous grounds for ending a tenancy remain in place and the following new grounds have been added:
- the property is not in a good state of repair
- the property manager/owner has failed to comply with a repair order
- a co-tenant passes away
- if it’s student accommodation and the tenant is no longer a student.
If a Landlord/Property Manager wants to end a tenancy because a fixed term agreement is ending, a Notice to Leave can be issued for the end of a fixed term tenancy up to one day prior to the end of a fixed term tenancy without the tenancy reverting to a periodic tenancy. To ensure the notice is valid, the Landlord/Property Manager must give the correct type of notice and correct notice period.
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